Md. Samul v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33191 of 2014 Arising Out of Complaint Case No. -2324 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Md. Samul Son of Late Amruddin Resident of Village-Mirja Pur, P.S.- Mehsi, District-East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar

2. Roshan Ara Wife of Md. Samul Daughter of S.K. Mokhtar Resident of Village-Mirja Pur School, Motijheel, Chaklalu, P.S.-Mehsi, District-East Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Vijay Shankar Shrivastava For the Opposite Parties : Mr. Arun Kumar Singh 5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-06-2015 Heard learned counsel for the petitioner, Mr. Pathak Dhananjay Kumar for the complainant and the State. Considering the facts of the case the opposite party no.2 was noticed and subsequently the case was referred to the mediation centre of the Patna high Court for resolution of the matrimonial dispute between the husband and wife. Learned counsel for the petitioner states that the mediation between the parties was successfully made inasmuch the complainant/wife is now living peacefully and happily with the petitioner.

Patna High Court Cr.Misc. No.33191 of 2014 (4) dt.26-06-2015 2/3 Learned counsel for the complainant has not disputed the submission of the petitioner that the matter was reconciliated by the mediation centre and the wife/complainant is living with the husband/petitioner.

In the facts and circumstances of the case, let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Sadar at Motihari, East Champaran in connection with Trial no. 4463 of 2013 arising out of complaint case no.2324 of 2012, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) In case the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the

Patna High Court Cr.Misc. No.33191 of 2014 (4) dt.26-06-2015 3/3 bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T